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Judgment
Victim along with her mother appeared through V.C. and has given her consent in grant of bail to the applicant.
This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 91/2025 registered at Police Station Jaijaipur, District Sakti (C.G.), for the offence punishable under Sections137(2), 87, 65(1) of BNS and Sections 4 & 6 of POCSO Act.
Case of the prosecution, in brief, is that the victim, aged about 15 years and 5 months, left her house on 04.05.2025 at about 1:00 PM without informing her family members. Thereafter, her father lodged a report suspecting that she had been taken away by an unknown person. Subsequently, she was found at house of the accused and aforesaid offence was registered against the applicant.
Learned counsel for the applicant submits that on date of incident, victim was above 18 years of age and relationship between the applicant and victim was consensual. It is further submitted that victim had stayed with the applicant at Nagpur for one year. He also submits that victim and her mother have been examined before the learned Trial Court and have not supported the case of prosecution. He would pray to allow this application.
On the other hand, learned counsel for the State opposes the bail application and submits that on the date of the incident, victim was aged about 15 years and 5 months and she is not competent to give her consent. It is further submitted that there is serious allegations of sexual assault, therefore, this application deserves to be rejected.
I have heard learned counsel for the parties and perused the case diary.
Having considered facts and circumstances of the case, nature and gravity of allegations and material available on record, particularly fact that victim has already been examined before the learned Trial Court and she has disclosed her age 21 years, she denied allegations of sexual assault, even suggestions put forth by public prosecutor have been refuted. Further, mother of the victim has also not supported the case of prosecution, applicant is in jail since 25.05.2026, and he has no criminal antecedents, I am inclined to allow this bail application.
Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/-with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;
he shall not act in any manner which will be prejudicial to fair and expeditious trial, &
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
